Revolutionary War Pension and Bounty Land Warrant Application File S. 13,033, Josiah Fisher, Mass.

SERVICE
Mass.
Fisher, Josiah
NUMBER
S. 13.033
CONTENTS
carded

New 20.9.10 York
Josiah Fisher
of Essex Co. in the State of New York who was a Private in the Comp. commanded by Captain Benson of the Regt. commanded by Col. Putnam in the War of the rebellion
Enrolled on the Roll of New York at the rate of 80 Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 21 day of Oct. 1833 and dated Claimant Elizabeth Foss
Arrears to the 14th of Oct. 33 $ 200 Semi-annual allowance ending 4 mo. 34 40 $ 240
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by John Steele Clerk Book E. Vol. 1. Page 100
Death not on Q. B.

23. 333
Leach Fisher Boys 6' N York
Admitted Prigg 2 years J. 381
May 8 '33
Charles Moten

BRIEF in the case of Posiah Fisher of Elizabethtown of Essex County in the State of New York. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A judge Open Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1778. title to Spring or summer 1779 private Gen. Nixon Col. Benson. Col. Putnam   in all he thinks more than two years " Capt. Ladd.  
 5. In what battles was he engaged? Burlington let.  6. Where did he reside when he entered the service? Nedham Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional & living witness.  8. Are the papers defective as to form or authentication? and if so, in what respect? not attached as required 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cully Examining Clerk.

Declaration of Josiah Fisher
In order to obtain the benefit of the act of congress of the seventh of June AD 1832 State of New York Essex county ss.
On this twenty sixth day of September AD 1832 I personally appeared before the Judge of the Court of Common Pleas in and for the county of Essex Josiah Fisher a resident of Elizabethtown in the said county of Essex and State of New York aged seventy two years the sixth day of October last past who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of congress passed June 7 th 1832 that he enlisted in the Army of the United States in the year one thousand seven hundred and seventy eight with Josiah Battle Miahiah Battle Nathan Cook James Gray & others in the company of Captain Benson & served in Colonel Putnam's Regiment in the Brigade commanded by General Nixon in the Massachusetts line, upon by the name of Josiah was ordered by Sergeant in the company he enlisted in the town of Dedham in Massachusetts and marched directly through the country to West Point on the West side of the Hudson River in the State of New York and served his time there in the Highlands in the Highlands on the East side of said Hudson River and did Garrison duty worked some on the front at West Point & some on the rear to winter in at the Highlands but was very sick the latter part of the above term of service & was marched in to Connecticut in Newtown where he received his Regular discharge which he lost but cannot tell how or where he do not recollect who signed his discharge which service he left in the Spring or summer of AD 1779
Second Service he was drafted in Albany town in Massachusetts to go on an expedition to Bennington in Vermont under

The command of Captain Joslin and was through the Benington Battle a brother of Captain Joslin was shot shot dead on the spot he was about ten days on the Benington Expedition and was then dismissed without a written discharge
Thirdly says he served at various other times the particulars of which he cannot recollect but thinks in all more than two years says his memory fails him much in relating former transactions
He hereby Relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Bldg. of any state
Since submitted to the court above and in full compliance
Josiah Fisher
Second Trial Clerk of Essex County
And the said court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and served as he states
Signed by order of the court. E. Snow Clark of Essex County
I Leonard Snow Clerk of the Court of Common Pleas of Essex County hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Josiah Fisher for a pension
In testimony whereof I have hereunto set my hand and seal at office this 27th day of September A.D. 1832
Edward Snow Clark
J. Fisher 19. 333

question, asked by the court 1st where and in what year was you born A I was born in Dedham in Massachusetts in the year of our Lord 1759 on the 6th of October
2 have you any Record of your age and if so where is it my age is Recorded in the said town of Dedham
3 - where were you living when called in to Service where have you lived since the revolution and where do you now live
A I was living in Dedham Massachusetts & moved from there to Clarendon in New Hampshire from Clarendon moved to Weathersfield in Vermont from there moved to Elizabeth town Essex county & State of New York where I now live
4 - how were you called into Service were you draft- ed did you volunteer or were you a substitute A - in the nine months Service I volunteered the 20th I was drafted & served about twelve days I served at other times enough enough to make three years six months & sixteen days but cannot rec- kenskely the different periods nor the exact time of each time of Service -
5 state the names of some of the Regular officers who were with the troops where you served such conti- nental and militia Regiments as you can recollect and the General circumstance of your Service -
A - I recollect Capt Henson Colonel Putnam General Wesson General Stark, was at the Bennington Battle Major Han & Capt John
Josiah Battle & Hezekiah Battle were soldiers in the company with me & Nathan Cook - 6th - Did you ever receive a discharge from the Service and if so by whom was it given and what has be- come of it
A I had a discharge from the nine months Service but I cannot recollect what officer signed it & it is lost
7 state the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your service as a Soldier of the Revolution
A John Stearns a clergyman Alexander Mott Samuel Jackson Bracket Johnson & others

personally appeared before me the under signed a Justice of the peace in and for the county of Essex Josiah Fisher who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his service but according to the best of his recollection he served not less than the periods below and in the following grades -
Three years six months & sixteen days as a soldier of the Revolution the soldiers named in the fifth question put by the court were with with this deponent in the nine months service he was in Capt. Briscoe's company & Colonel Patnam's Regiment & in General Stark's Brigade also in the nine months service named in the declaration he was in Captain Foster's company Major Stark & General Stark's was at the Bennington Battle with this deponent. He first enlisted in Dedham Massachusetts Marched through the country direct to Westpoint where he worked on the fort served a part of his time there a part in Fishkill working on huts to winter in it might have been Peekskill & the highland on the east side of the Hudson River but the latter part of the nine months service was very sick this deponent cannot recollect any further parti- culars of his service the residue of his service having been at various times on short expeditions - the reason why a clergyman's obtained when the declaration was your journey -
Declaration
14 June 1833 John H. Low Justice
Subscribed and Sworn before me the 17th day of June 1833
John H. Low Justice
I John H Low a Justice of the peace of Westport, County of Essex and State of New York do Certify that the above named Josiah Fisher is a person to me well known and that he is a man of truth and veracity - John H Low Justice Peace

Rev Wm
13.033 INVALID.
File No. 13.033
Jessiah Fisher Drn. Rev. Wm
Act: June 1 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Josiah Fisher -

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Fisher Esq. 6 N York which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? no V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1 - 2 - 5 - 7
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

I Josiah Battle of the District of Dover in the County of Norfolk and Commonwealth of Massachusetts do testify and say, that I was well acquainted with Josiah Fisher, formerly of Dedham, now Dover in the time of the Revolutionary war with Great Britain. He was in the service of the United States of America in the American revolution with me, nine months under Capt. Benson. Col. Rufus Putman Commandant of the Regiment. and Genl. Dixon Brigadier General of our troops. I further testify and say that Josiah Fisher was a private soldier, in our Brigade & Regiment in the Company of Capt. Benson, that said Josiah Fisher enlisted with me in the service of the United States in the year A.D. 1778 in the spring or summer of that year, and after serving nine months as a soldier, he was honourably discharged from the army with me. The Army was stationed at West Point & Fishkill & that vicinity, and that I saw said Fisher almost every day during the nine months service and I took care of him when so sick that I did not expect his life from one hour to the other and further saith not -
Josiah Battle
Commonwealth of Massachusetts
Norfolk ss Dover September 7 th 1832
Then personally appeared the aforesaid Josiah Battle the deponent, he was examined & cautioned & sworn agreeable to the directions of the law in such cases. to the deposition aforesaid by him subscribed
Calvin Richards Just Peace
I certify and say that I have known the above named Josiah Battle over forty years and have always considered him a man of truth & veracity
Calvin Richards

No. 100
Commonwealth of Massachusetts
I James Ware Clerk of all the Judicial Courts within and for the County of Norfolk, hereby certify that Calvin Richards Esquire, named within before wherein the within Deputation was taken, is a Justice of peace in and for said County duly appointed commissioned and qualified to discharge the duties of said Office and that his signatures within have written are genuine and true.
In witness whereof I have hereunto Subscribed my name and affixed the seal of the Supreme Judicial Court of said Commonwealth this seventh day of September A.D. one thousand eight hundred and thirty two at Dedham in said County
James Ware

We John Stearns a Clergyman Residing in Elizabeth Town - Essex county and state of New York and Alexander Mott Residing in (the same place) hereby certify that we are well acquainted with Josiah Fisher who has Subscribed and Sworn to the above declaration that we believe him to be Seventy two years of age that he is Reputed and believed in the neighbour- hood where he resides to have been a soldier of the Revolu- tion and that we concur in that opinion John Stearns named in the above Certificate Subscribed & Sworn this 27 th day of June 1833 before me: Alexander Mott John Stearns Peace
Alexander Mott in the above Certificate named Subscribed and Sworn before me this 27 th day of June 1833. And I certify that I am acquainted with the said Alexander that he is a Creditable person and that his Statement is as entitled to Credit as if made before Justice of Peace.
I Laurenceville Mott Deputy Clerk of the Court of Common Pleas in and for the County of Essex in the state of New York do certify that the before named John Stearns is a Clergyman residing in said Elizabeth Town & that Alexander Mott also is a resident of said Elizabeth Town of good Reputation and that their signatures written above are their genuine signatures I also certify that John H. Low is a Justice of the peace duly qualified to discharge the duties of said office and his signature as subscribed to the swearing the within Josiah Fisher is his genuine signature and to his certificate also done this 27 th June 1833 -
Laurence C. Mott, Dep. Clerk

BOUNTY LAND WARRANT RECORD CARD*
NAME Fisher, Leonard GRADE Private LINE Massachusetts
WARRANT NUMBER 4152 ACREAGE 100 ISSUED Feb. 22, 1792 to John Peck
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.